The OP can't "sue the insurance company." He would have to sue the driver.

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Yes you do sue the driver, but the insurance company will be providing the defense. So you are not going to "bankrupt" someone by going after their insurance. Even if they have 300K liability and you sue them for $1million AND are awarded it (a long shot to be sure) the insurance would have to spend the first 300K on her defense and paying you off. I don't think you would have to collect from her but hey I am not a lawyer!

Insurance companies do raise rates when certain drivers or vehicles suffer large claims. If the insurance companies raise the rates for seniors high enough then many will stop driving.

I feel sorry for the little old lady. I do not feel sorry for someone who is driving but can't be bothered (or is not capable) to signal before turning and/or not able to see something coming the other way. And by suing her you won't end all left turner accidents, but neither will any other actions we take (high viz, modulator headlight, weaving, .....). BUT, if enough folks sue then folks might think twice of driving beyond their capable time. Same goes for drunks, texters, and cell phone users.

The reason folks don't "see" a bike is because they don't recognize it as a threat. Suing folks who ignore bikes is one way to perhaps raise the awareness that bikes are indeed a threat and should be noticed.

However, the most important thing for you is how you will recover. If a law suit serves a healing purpose for you then go for it. It could possiblly give some "purpose" to the other fellows death if it helps save future riders. Especially if at some time you get some publicity. However, if it just extends the pain then forget it and move on in a more healthy way.

My deepest sympathies to the OP and to the other poster who also had an accident.

What goes through my mind while reading this is... why don't we have button-triggered airbags on our person in a riding suit?

At least it might save one or two if we land on a bag instead of a hard object.

I'm sure in this modern day and age there is a small enough airbag that could fit onto a belt or even onto a backpack and be inflated in an instant that the rider comes apart from his motorcycle or when he sees danger ahead and can then hit the button and be saved before the accident even occurs.

Even with a backpack mounted one, at least that would save the riders who are impacted on their backs.

Here in Idaho last summer a guy was riding his bike heading west early in the morning, sun to his back. His wife and daughter were in a car about a mile behind him. Coming the other way was a guy in a pickup truck who wanted to turn left into a gas station but couldn't see because the sun was completely blinding him. Even though it was a very busy highway, he decided to just turn left anyways and pulled right in front of the guy on the bike who was traveling at about 60mph. The guy on the bike layed it down and slammed under the truck, killing him instantly. The poor wife and daughter pulled up right after and saw everything laid out right in front of them.

The guy in the truck had no insurance. The wife and mother are struggling badly, very badly. And now, the guy in the truck was recently charged with Manslaughter and inattentive driving. I was shocked to see the Manslaughter charge, but am happy that he is being charged because so many drivers kill motorcyclists here every year, and usually get off scott free and to me, that makes things worse. Alot of people have written the newspaper in defense of the guy in the pickup truck, shocked that he was charged with manslaughter but to me, it makes every cager stop and think for a minute. Maybe, just maybe it will save a life or two.

There are blameless accidents all the time, it is the risk we take but lousy drivers and texters are needlessly killing many.

Another woman ran over a guy on a Harley recently on an offramp, she was texting and just wasnt even looking up to see the bike slow down, ran right over him. Her charge? Inattentive driving. I see that crap in the paper all of the time here and it pisses me off to no end.

My deepest sympathies to the OP and to the other poster who also had an accident.

What goes through my mind while reading this is... why don't we have button-triggered airbags on our person in a riding suit?

At least it might save one or two if we land on a bag instead of a hard object.

I'm sure in this modern day and age there is a small enough airbag that could fit onto a belt or even onto a backpack and be inflated in an instant that the rider comes apart from his motorcycle or when he sees danger ahead and can then hit the button and be saved before the accident even occurs.

Even with a backpack mounted one, at least that would save the riders who are impacted on their backs.

If you actually read the links above you will see that suing folks will never, ever, change this.

Evolution will.

Don't hold your breath though...
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Although I fully understand the science that explains a part of the SMIDSY phenomenon, nobody will convince me that a big part of this problem isn't laziness/unawareness/not paying attention/not being a threat induced.

Although I fully understand the science that explains a part of the SMIDSY phenomenon, nobody will convince me that a big part of this problem isn't laziness/unawareness/not paying attention/not being a threat induced.

I completely agree that many, if not most, accidents out there are caused by sheer stupidity.

I witness said stupidity every day; I imagine most riders do.

However, I am also dismayed by the science cited above which indicates that even if someone is

attentive, and doing their utmost to drive responsibly, certain evolutionary traits can still lead

to that "motorcycle friendly" motorist not properly registering our presence.

Scary shit.
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__________________
In what sense can economics still claim to be a science if its predictive capacity is so dismally low?
Timothy Garton Ash

I was riding behind a buddy of mine when he hit the rear end of an automobile. He suffered a very gory injury, and died in my arms.

I was 19. I quit riding motorcycles until I was 48. Then, during my adulthood I spent time flying air rescue for the Sheriff's Office, working for a paramedic agency, and doing some street police work as well.

Recently while undergoing counseling for a divorce, the psychologist I was seeing, whom I trust very much, said "You have all the signs of PTSD." Learning this and focusing counseling on this largely "forgotten" part of my life has been quite beneficial.

I hope the OP will seek professional help in dealing with his thoughts, rather than sublimating them deep into his brain. "Forgetting" about these issues is the worst you can do.